S.C.Mathur, J. - (1.) The petitioners are aggrieved by notice issued by the Executive Officer of the Municipal Board, Balrampur, district Gonda under Section ls6 of the U.P. Municipalities Act, 1916.
(2.) The petitioners are the owners of a certain property which is known as Sabzimandi, situated at Balrampur, district Gonda. The petitioners admittedly constructed eight feet high wall. It is not disputed by the petitioners that no permission had been obtained from the Municipal Board for raising the wall. It has also not been alleged in the writ petition that no permission was required from the Municipal Board for raising the construction. The notice has been challenged on two grounds. Firstly, it is alleged that the wall is not a building within the meaning of section 185 of the Act and, therefore, no notice under section 186 could be issued. Secondly, it is urged that the Executive officer could not exercise the powers of the Municipal Board and notice under section 186 could be issued only after resolution had been adopted by the Board.
(3.) Section 185 refers to illegal erection or alteration of a building. It provides that if any building is constructed is contravention of the provisions of the Act or the bye-laws. The person who constructs such building shall be liable upon conviction to a filed which may extend to one thousand rupees. Section 186 confers powers upon the Board to order demolition of a building the construction of which would be an offence under section 185. The term 'Building' has been defined in sub-section (2) of section 2 as follows : "Building' means a house, outhouse, stable, shed, hut or other enclosure or structure whether of masonry bricks, wood, mud, metal or any other material whatsoever, whether used as a human dwelling or otherwise, and includes any veranda, platform, plinth, staircase, door step, wall including compound wall other than a boundary wall of a garden or agricultural land nor appurtenant to a house but does not include a tenant or other such portable temporary shelter.";